We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. You should mark the boxes for every statement that applies to your situation. The judge stressed that the EEOC is actively weighing different ways to move the process forward. As explained by the Judge in the recent order: [T]he U.S. On the other hand, USPS partially accepted some parts of a small percentage of claims (less than 2%). We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. Thank you. Yes. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at [email protected] or by calling us at (585) 272-0540 or faxing us at (585) 272-0574. According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days. 7. As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. However, the Judge emphasized the perils of seeking a FAD: If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.. You should complete, sign and return the Declaration form to our offices as soon as possible. We recommend emailing FADs to us at [email protected] or faxing us at (585) 272-0574. We sincerely hope that the Administrative Judge's news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. The call was fairly brief. It depends. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). You can email the documents to [email protected], fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607. The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve. We also noted that even their responses to the EEOC Administrative Judges questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. The Postal Service attacks Class Counsel's role in the process, renaming them as "Phase I Class Counsel," and referring to Ms. McConnell as "Phase I Class Agent.". By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). Postal Service who have been subjected to [] In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. My co-workers made fun of me, and told me that I would end up being sent to work for Walmart. The legal term for this situation is constructive discharge. Section 7 of the Declaration form will help you figure out if your situation is covered by constructive discharge. Here are three suggestions in connection with constructive discharge claims.First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. It was owned by several entities, from Thomas and Solomon LLP to Thomas & Solomon LLP, it was hosted by Media Temple Inc., A2 Hosting Inc. and others. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. Detailed instructions on completing the Declaration form are available by clicking here. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. Denver, CO 80202. (585) 272-0574 (fax), My Manager told me that I had no other option but to retire; or, I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. The claims process is still moving forward. Again, if you have not yet provided us with a Disability Form (Supplemental Declaration Regarding Disability), you must provide that form to us right away so that it can be filed with the Judge by March 31. Pursuant to todays Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. The Postal Service has sent forms to be completed by some claimants. However, attorneys and staff are working remotely, and we are monitoring our voicemail. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge. There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon. Thomas & Solomon LLP And as always, please continue to monitor this website for any important updates. Please call us if you have any questions about this. This has been a long and hard-fought battle against the Postal Service, but the end is in sight. The Administrative Judge has asked our offices to provide any evidence that claims were timely. The Postal Service is disrupting the process by issuing premature FADs. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Name * First Last . Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. Can I be reinstated to my USPS job now while this relief process is ongoing? We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. The agency's health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive 'make work' - jobs with no value to the organisation. NRP Class Action Against USPS Updates Fax number: (585) 272-0574 New Temporary Fax Line: (585) 625-0274 Current Developments Update - April 18, 2019 Status Update - Motion Filed to Force USPS to Submit NRP Files We continue to take every action possible to help the Judge move this process forward. We continue to fight for justice for all of the claimants in this case. Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. For our clients, please provide your updated contact information to us. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process. 4B-140-0062-06. If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action. The Judge expressed a hope that she could begin to review individual claims in late July or August. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. Our team is standing by! NRP Class Action is being handled by Thomas & Solomon LLP. We thank you all for your continued patience with this process. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! We will promptly update this website as soon as we have news to report. 8. The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. In the past few days, we have received a very large number of calls and emails related to this case. We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.Of course, as the case proceeds, we are unable to predict what the final outcome will be. You may email our office at [email protected] or call us at 585-272-0540. As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. Other members of the class must proactively file claims to prove they are members of the class and will then also be entitled to relief. Introduction. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142. If you receive a request for information from us, please reply as soon as possible. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. 3. If you have any additional documents, please make sure to include them with the completed Declaration. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants. Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Services stalling tactics. A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here. A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below). You can see the order by clicking here. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.Second, you should consider providing additional information in a Continuation sheet.
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